Zmiany w przepisach dyrektywy MCD – postulaty de lege ferenda w zakresie ochrony konsumenta – kredytobiorcy hipotecznego
Changes in the provisions of the Mortgage Credit Directive – de lege ferenda recommendations concerning consumer-mortgage protection

Summary/Abstract: The object of this article is to assess the functioning thus far of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on consumer credit agreements relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (Mortgage Credit Directive, MCD) in the mortgage market in the European Union, in light of calls for consumer protection of mortgage credit services made by representatives of consumer organisations, lenders, supervisors of financial market institutions, and EU institutions. The Directive has generally led to an increase in the level of consumer protection acting in the position of mortgage borrowers, but has not led to an increase in the availability of mortgage credit, nor to the creation of a true single EU internal market in this area. The changes that have occurred in the mortgage market, from the date of the implementation of the MCD up to the present, will be presented in light of the key principles introduced by the provisions of this Directive, and its positioning in the EU system of financial services consumer protection law. On this basis, keeping in mind occurring market changes and the impact on the market of the provisions of the MCD, de lege ferenda postulates concerning them will also be presented. The analysis applied a formal-dogmatic and legal-theoretical research method, as well as a statistical analysis of available data with regard to the relationship of the analysed provisions with the economy.

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